School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Commercial Practice, Conveyancing and Drafting
  • Unit Code

    LAW4620
  • Year

    2017
  • Enrolment Period

    1
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Martin Alan ALLCOCK

Description

In this unit, students will study the practical aspects of commercial practice, conveyancing and drafting, with the major focus being on documentary transactions. The unit focuses on practical and drafting exercises to build on and extend students' understanding of plain English writing as a foundation for legal writing and drafting. Commercial transactions are considered from a practical perspective, with precedent contracts in a range of commercial transactions being examined and altered where appropriate. Other practical aspects of commercial transactions are also examined, including the taking of client instructions, stamping, settlement and registration. Lawyers' professional obligations will also be examined in the context of the completion of documentary transactions.

Prerequisite Rule

Students must pass 1 units from LAW3107

Equivalent Rule

Unit was previously coded LAW4605

Learning Outcomes

On completion of this unit students should be able to:

  1. Deconstruct legal precedents in each of the main subject areas covered, analysing their structure, content, and legal effect.
  2. Demonstrate an understanding of the principles of legal drafting, including the rules of plain English drafting.
  3. Identify and analyse the commercial interests of each of the interested parties in a range of commercial transactions.
  4. Integrate an understanding of the clients commercial interests, and the legal effect of each precedent, with the principles of legal drafting, in order to draft effective legal documents.
  5. Relate the commercial interests of each of the interested parties in a commercial transaction to the provisions of relevant legal precedents.

Unit Content

  1. Plain English drafting
  2. Practical aspects of documentary transactions concerning: a. the sale and purchase of land and settlement; b. conveyancing in the family court; c. partnerships; d. companies; e. trusts; f. leases and licences; g. securities and mortgages; h. guarantees and indemnities; i. the sale and purchase of businesses; j. resources; k. planning laws; l. wills, deceased estates and probate; m. duty aspects relating to the above transactions; and n. ethical and professional obligations.
  3. Writing letters to lawyers and clients.

Additional Learning Experience Information

This unit will be offered on campus and off campus. On-campus students are provided with a weekly two-hour lecture and a one-hour interactive tutorial. Lectures contain the substantive content of the unit, with a different type of commercial transaction being analysed, and precedent contract being deconstructed, each week. Tutorials provide the students with the opportunity to critically appraise legal documents in light of varying factual situations, using active learning methods, such as role-playing, debate, and case studies. This allows students to develop their practical legal skills and communication skills. Off-campus students are provided with a recorded lecture each week, as well as a one-hour interactive online tutorial. Students can access lecture recordings at their own convenience, and interactive online tutorials are generally held after business hours. Students can also choose whether to attend online tutorials, or whether to participate in tutorials via the Blackboard discussion board. This ensures the unit is flexible and learner-centered, and also provides an inclusive environment for students. Regular online access is required.

Assessment

GS4 GRADING SCHEMA 4 Used for undifferentiated pass/fail units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescription
Journal ^Tutorial Workbook
Assignment ^Assignment
Examination ^Final examination
ONLINE
TypeDescription
Journal ^Tutorial Workbook
Assignment ^Assignment
Examination ^Final examination

^ Mandatory to Pass


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4620|1|1

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

  • Unit Title

    Commercial Practice, Conveyancing and Drafting
  • Unit Code

    LAW4620
  • Year

    2017
  • Enrolment Period

    2
  • Version

    1
  • Credit Points

    15
  • Full Year Unit

    N
  • Mode of Delivery

    On Campus
    Online
  • Unit Coordinator

    Mr Martin Alan ALLCOCK

Description

In this unit, students will study the practical aspects of commercial practice, conveyancing and drafting, with the major focus being on documentary transactions. The unit focuses on practical and drafting exercises to build on and extend students' understanding of plain English writing as a foundation for legal writing and drafting. Commercial transactions are considered from a practical perspective, with precedent contracts in a range of commercial transactions being examined and altered where appropriate. Other practical aspects of commercial transactions are also examined, including the taking of client instructions, stamping, settlement and registration. Lawyers' professional obligations will also be examined in the context of the completion of documentary transactions.

Prerequisite Rule

Students must pass 1 units from LAW3107

Equivalent Rule

Unit was previously coded LAW4605

Learning Outcomes

On completion of this unit students should be able to:

  1. Deconstruct legal precedents in each of the main subject areas covered, analysing their structure, content, and legal effect.
  2. Demonstrate an understanding of the principles of legal drafting, including the rules of plain English drafting.
  3. Identify and analyse the commercial interests of each of the interested parties in a range of commercial transactions.
  4. Integrate an understanding of the clients commercial interests, and the legal effect of each precedent, with the principles of legal drafting, in order to draft effective legal documents.
  5. Relate the commercial interests of each of the interested parties in a commercial transaction to the provisions of relevant legal precedents.

Unit Content

  1. Plain English drafting
  2. Practical aspects of documentary transactions concerning: a. the sale and purchase of land and settlement; b. conveyancing in the family court; c. partnerships; d. companies; e. trusts; f. leases and licences; g. securities and mortgages; h. guarantees and indemnities; i. the sale and purchase of businesses; j. resources; k. planning laws; l. wills, deceased estates and probate; m. duty aspects relating to the above transactions; and n. ethical and professional obligations.
  3. Writing letters to lawyers and clients.

Additional Learning Experience Information

This unit will be offered on campus and off campus. On-campus students are provided with a weekly two-hour lecture and a one-hour interactive tutorial. Lectures contain the substantive content of the unit, with a different type of commercial transaction being analysed, and precedent contract being deconstructed, each week. Tutorials provide the students with the opportunity to critically appraise legal documents in light of varying factual situations, using active learning methods, such as role-playing, debate, and case studies. This allows students to develop their practical legal skills and communication skills. Off-campus students are provided with a recorded lecture each week, as well as a one-hour interactive online tutorial. Students can access lecture recordings at their own convenience, and interactive online tutorials are generally held after business hours. Students can also choose whether to attend online tutorials, or whether to participate in tutorials via the Blackboard discussion board. This ensures the unit is flexible and learner-centered, and also provides an inclusive environment for students. Regular online access is required.

Assessment

GS4 GRADING SCHEMA 4 Used for undifferentiated pass/fail units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

ON CAMPUS
TypeDescription
Journal ^Tutorial Workbook
Assignment ^Assignment
Examination ^Final examination
ONLINE
TypeDescription
Journal ^Tutorial Workbook
Assignment ^Assignment
Examination ^Final examination

^ Mandatory to Pass


Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW4620|1|2